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      • Open Access Article

        1 - Impact of globalization on the conflict of laws from the perspective of ethics
        Abdolmahdi  Heidari Nejad Ali  Almasi
        In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected More
        In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected the conflict of laws in three categories. First, in terms of material (material), globalization has implicated itself in the uniformization of laws, which is being implemented by international organizations, model laws, and international conventions. In the second category, the rules of conflict resolution, where there is no possibility of uniformity of the rules of law for some reason, globalization has shown its impact by trying to unify the rules of conflict resolution. In this regard, and given the mutual effects of globalization And ethics on one another, considering ethical standards as one of the commons of human societies, can greatly leave its traces. Ultimately, barriers to the implementation of foreign law, such as public order, good morals and fraud to the law, are also limited by globalization and the possibility of extending the implementation of foreign law. Manuscript profile
      • Open Access Article

        2 - Ethical Conflict of Decisions of the International Court of Justice and the Security Council on the Peaceful Settlement of International Disputes
        Saeedeh  Golkar Seyed Mohammad  Hashemi Ali  Zare
        In the present study the structure, some considerations on the respective rolls of the security council and the internationalcourt of justice with respect to the “The revention of aggravation of disputes” in the domain of the pacific settlementof international disputes More
        In the present study the structure, some considerations on the respective rolls of the security council and the internationalcourt of justice with respect to the “The revention of aggravation of disputes” in the domain of the pacific settlementof international disputes or situations, according to the United Nations charter through comparing their functions and functionalities. Special focus is on the International Court of Justice (ICJ) as the sole United Nations judicial institution that carries not only the responsibility of peaceful resolution of international disputes between states and other subjects of international law but also has contributed to the expansion of international law. ICJ has a responsibility to supervise other organs of the United Nations but has failed to observe the resolutions of the Security Council despite the freedoms it enjoys to do so. The authority of the Security Council is still derived from the will of powers, not the international law which has resulted in silence and inaction of the ICJ with regard to the decisions of the Security Council in the cases of Lockerbie, Namibia, Bosnia and Herzegovinian and Montenegro; all out of political considerations. The study ends with a conclusion and a set of recommendations to minimize the adverse effects of the discussed contradictions including legal observations supported by some international principles and procedures as well as acceptance of the superiority of the decisions of the ICJ over decisions of other main UN bodies particularly the Security Council. Manuscript profile